IP Primer - Plant Breeders' Rights

Plant Breeders' Rights

The Canadian Plant Breeders' Rights Act (the "Act") which became law on June 19, 1990, grants several exclusive rights to the holder of "plant breeder's rights" respecting a "plant variety".

A person becomes the "holder of plant breeder's rights" when that person is granted the rights pursuant to an application made in accordance with the Act. The "breeder", or their legal representative, must make an application to the Commissioner for a grant of plant breeder's rights. In order for the application to be successful, the various criteria must be fulfilled.

The varieties of plants for which plant breeders' rights may be granted are restricted to the varieties set out in regulations to the Act, or any new varieties that are approved by the Commissioner.